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US Surrogacy Laws by State

Third Party Reproduction Laws in America

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Before this journey, did you think to yourself — what is surrogacy? What are the laws of surrogacy? What are the costs of surrogacy? What are the surrogacy success rates?

Let's start with the legalities. Below, you will find the surrogacy laws by state.

Please Note: This list is always updating and changing according to new laws in each state.  Check back often for updates to the regions where you are interested in surrogacy law.

Surrogacy Laws in Alabama

Alabama law does not openly address Surrogacy. One court has accredited parental rights to non-biological Intended Parents in Surrogacy agreements.

Surrogacy Laws in Alaska

Alaska rulings are inaudible in regards to Surrogacy agreements. Only one reported court case based on Surrogacy was decided on unrelated grounds.

Surrogacy Laws in Arizona

Arizona law forbids both Traditional Surrogacy agreements and Gestational Surrogacy agreements. A share of that statute has been ruled unconstitutional by an appellate court.

Surrogacy Laws in Arkansas

Arkansas law allows for Surrogacy agreements.  The law, however, is indistinct on how to apply the law to surrogacy situations involving lesbian, gay, bisexual and transgender (LGBT) individuals and couples.

Surrogacy Laws in California

California rulers are accepting Surrogacy agreements. While the state has no statute openly addressing Surrogacy, California’s courts have used the state’s Uniform Parentage Act to interpret several cases concerning Surrogacy agreements. These agreements include lesbian, gay, bisexual and transgender (LGBT) individuals and couples.

Surrogacy Laws in Colorado

There are no Colorado rulings that deal directly with Surrogacy agreements.

Surrogacy Laws in Connecticut

Connecticut has clear statutory law and a Supreme Court case that makes surrogacy agreements enforceable; allows for a pre-birth order for any Intended Parents even if not genetically related to the baby.  These various cases are honored for single, heterosexual, and include same-sex couples.

Surrogacy Laws in DC

District of Columbia prohibits All Surrogacy agreements irrespective of the sexual orientation of individuals involved.

Surrogacy Laws in Delaware

Delaware laws do not currently address Surrogacy agreements, but has been noted against the public policy of the state. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not been considered.

Surrogacy Laws in Florida

Florida statutes clearly allow both gestational surrogacy agreements and traditional Surrogacy agreements. Florida law prohibits surrogacy to same-sex couples.

Surrogacy Laws in Georgia

There are no Georgia rulings that deal directly with Surrogacy agreements.

Surrogacy Laws in Hawaii

There are no Hawaii rulings that deal directly with Surrogacy agreements.

Surrogacy Laws in Idaho

Idaho rulings do not discourse Surrogacy agreements, but case law indicates such contracts may be favorable. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Illinois

Illinois statutes allow gestational surrogacy agreements, but donot address traditional surrogacy agreements. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals or couples have not yet been considered by the courts.

Surrogacy Laws in Indiana

Indiana rulings declares that all Surrogacy agreements, regardless of sexual orientation of the individuals involved, are against public policy and unenforceable.

Surrogacy Laws in Iowa

Iowa statutes subtly accept Surrogacy agreements, but no statute directly discourses it. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Kansas

There are no Kansas rulings that deal directly with Surrogacy agreements.

Surrogacy Laws in Kentucky

Kentucky does not endorse any statutory provisions directly lecturing the legitimacy of Surrogacy agreements, but a Kentucky Supreme Court case has indicated that Altruistic agreements may be permissible. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Louisiana

Louisiana law holds commercial traditional surrogacy agreements void and unenforceable. The law does not discourse altruistic agreements or gestational surrogacy agreements. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals or couples have not yet been considered by the courts.

Surrogacy Laws in Maine

There are no Maine rulings that deal directly with Surrogacy agreements.

Surrogacy Laws in Maryland

Maryland does not specifically discourse Surrogacy agreements, related laws might hold commercial agreements unenforceable. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Massachusetts

Massachusetts laws are silent in regard to Surrogacy agreements, however individual cases have been looked upon as favorable. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals or couples have not yet been considered by the courts.

Surrogacy Laws in Michigan

Michigan rulings prohibit All Surrogacy agreements.

Surrogacy Laws in Minnesota

There are no Minnesota rulings that deal directly with Surrogacy agreements.

Surrogacy Laws in Mississippi

There are no Mississippi rulings that deal directly with Surrogacy agreements.

Surrogacy Laws in Missouri

Missouri statutes do not specifically discourse Surrogacy agreements; it is conceivable that they are in violation of the state’s “child trafficking” laws. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Montana

There are no Montana rulings that deal directly with Surrogacy agreements.

Surrogacy Laws in Nebraska

Nebraska law affirms commercial Surrogacy agreements void and unenforceable, but it is possible that the law would uphold altruistic agreements. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Nevada

Nevada surrogacy allows for gestational carrier arrangements (not traditional surrogacy) to anyone considering surrogacy to build a family, including: heterosexual, gay, lesbian, single, married, and unmarried.

Surrogacy Laws in New Hampshire

New Hampshire’s surrogacy law allows intended parents, which includes mothers, fathers, or a combination of both, to enter into enforceable surrogacy arrangements with a non-genetically related gestational carrier, and to obtain a court order declaring them the parents prior to the birth of the child, and allowing them to be named on the birth certificate.

Surrogacy Laws in New Jersey

New Jersey law permits only altruistic gestational surrogacy agreements. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in New Mexico

New Mexico rulings appear to only permit altruistic surrogacy agreements. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in New York

New York law holds All Surrogacy agreements, regardless of the sexual orientation of the individuals involved, void and unenforceable.

Surrogacy Laws in North Carolina

North Carolina has no rulings specifically related to Surrogacy; however, other laws may permit Surrogacy agreements that do not include payment beyond the surrogate’s medical expenses.

Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in North Dakota

North Dakota rules traditional surrogacy agreements void and unenforceable and gestational surrogacy agreements legal and enforceable. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Ohio

Ohio law regarding Surrogacy is disconcerted; however, various court rulings have indicated that some Surrogacy agreements are reflected lawful.

Surrogacy Laws in Oklahoma

Oklahoma has no rulings that directly discourse Surrogacy. The Attorney General indicates that commercial surrogacy agreements contradict the state’s law against “trafficking of children.” Altruistic surrogate agreements or agreements that only provide compensation for medical and other basic expenses may be permitted. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Oregon

Oregon rulings allow only altruistic surrogacy arrangements. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Pennsylvania

Pennsylvania statutes on surrogacy are indefinite. Commercial surrogacy agreements would be held unenforceable; agreements established through a legally endorsed agency seem to be legal. The legitimacy of informal arrangements is less certain.

Surrogacy Laws in Rhode Island

Rhode Island rulings do not specifically discourse Surrogacy, but has approved of at least some forms of Surrogacy. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in South Carolina

South Carolina rulings contain no provisions regarding Surrogacy; limited case law indicates an acceptance of Surrogacy contracts. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in South Dakota

There are no South Dakota rulings that deal directly with Surrogacy agreements.

Surrogacy Laws in Tennessee

Tennessee statutes perform to give surrogacy agreements legal consequence, however the rulings claims neither to accept nor prevent these agreements. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Texas

Texas rulings allow gestational surrogacy agreements. This includes same-sex, married couples.

Surrogacy Laws in Utah

Utah rulings indisputably allow gestational surrogacy agreements. This excludes same-sex couples.

Surrogacy Laws in Vermont

Vermont rulings contain no provisions regarding Surrogacy. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Virginia

Virginia rulings openly approve of altruistic surrogacy agreements. This excludes same-sex couples.

Surrogacy Laws in Washington

Washington law permits altruistic surrogacy agreements. Agreements involving any payment to the Surrogate Mother other than medical and legal expenses are reasoned illegal and unenforceable. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in West Virginia

There are no West Virginia rulings that deal directly with Surrogacy agreements. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Wisconsin

Wisconsin rulings do not specifically discourse the legality of surrogacy agreements; however, at least one court case has recognized the parental rights of someone who is not genetically related to their child. Surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals and couples have not yet been considered by the courts.

Surrogacy Laws in Wyoming

There are no Wyoming rulings that deal directly with Surrogacy agreements.

 


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